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HB 2402

Relating to providing access to medical records; providing access to a minor’s medical record

2025 Regular Session Introduced by Adam Burkhammer and 7 co-sponsors

House Bill 2402 ensures parents can access their minor children's medical records while balancing minors' rights, enhancing health information access and care coordination.

Chapter 181, Acts, Regular Session, 2025
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Bill Summary · HB 2402

Summary of House Bill 2402

Bill Number: HB 2402
Title: Relating to providing access to medical records; providing access to a minor’s medical record
Status: Chapter 181, Acts, Regular Session, 2025
Introduced: February 17, 2025
Classification: Bill
Subject: Health

Purpose and Intent

House Bill 2402 aims to enhance access to medical records for patients and their guardians, particularly focusing on the rights of parents and guardians to access the medical records of minors. The bill seeks to clarify existing laws regarding medical record access and ensure that parents or guardians can obtain necessary health information about their children, especially in cases where the child is in state custody.

Key Provisions

The bill amends and reenacts sections of the West Virginia Code, specifically:

1. Access to Medical Records

  • Patient Rights: Licensed health care providers must furnish copies of health care records to patients or their authorized representatives within 30 days of a written request. This includes both paper and electronic formats.
  • Exceptions: Certain records related to psychiatric treatment and specific health services for minors (e.g., birth control, drug rehabilitation) are exempt from being released to parents without the minor's consent.

2. Access to Minor's Medical Records

  • Parental Access: Parents, guardians, foster parents, or kinship placements cannot be denied access to their minor child's health records unless a court order states otherwise.
  • Restrictions on Access: Parents cannot access their minor child's records if the child has:
    • Graduated high school or its equivalent
    • Been emancipated
    • Married
  • No Consent Required: Parents or legal guardians do not need the minor child's permission to obtain medical records, except in the aforementioned circumstances.

3. Child Welfare Records

  • The bill also amends provisions regarding the confidentiality of records maintained by child welfare agencies, allowing for greater access under specified conditions.

Impact

  • Who is Affected: This legislation primarily affects parents and guardians of minors, health care providers, and state agencies involved in child welfare.
  • Health Care Providers: Providers must ensure compliance with the new requirements for record access, which may involve updating their processes for handling medical records.
  • Minors: The bill recognizes the autonomy of minors in certain situations while balancing parental rights to access health information.

Procedural Timeline

  • Introduced: February 17, 2025
  • Passed House: March 12, 2025
  • Passed Senate: April 10, 2025
  • Approved by Governor: April 25, 2025
  • Effective Date: The bill became law on July 31, 2025.

Conclusion

House Bill 2402 represents a significant step in clarifying and expanding access to medical records for minors, ensuring that parents and guardians can obtain necessary health information while also respecting the rights of minors in specific circumstances. This legislation aims to improve the coordination of care and support for children, particularly those in state custody.

Compiled from official sources — confirm details with the bill’s official record.

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